McGehee v. . Breedlove

Citations

• 30 S.E. 311
• 122 N.C. 277
• 1898 N.C. LEXIS 244

Syllabus

<p>Action of Claim and Delivery — Jurisdiction—Non-Suit.</p> <p>1. Where, on the trial oí an action brought in the Superior Court by a landlord against his tenant and the purchasers of the latter’s tobacco crop to recover the crop or its value, it appeared from plaintiff’ s testimony that the tenant’s contract was to pay him one-fourth of the crop or 8200, it was error to non-suit the plaintiff upon the ground of a want of jurisdiction, since the action was not on the contract but for the possession of the crop.</p> <p>2. Under the provisions of Section 1754 of The Code, a landlord who has agreed to take a portion of the crop, or a specified sum of money, as rental and has received a part of the rental in money, is entitled to the possession of the whole crop until his rent is satisfied.</p>